For Immediate Release
Wednesday, April 22, 1998
AFSCME Members vs. Dallas County, Texas Public Works - Settlement Reached in Overtime-Compensation Suit - Suit Follows on Heels of $150,000 Award
Suit Follows on Heels of $150,000 Award
DALLAS —Taxpayers will again pay the price of Dallas County, Texas’ refusal to discuss employment disputes when a settlement of $36,000, reached recently, is paid to four public works employees represented by Council 42 of the American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO. This latest settlement comes on the heels of the County’s $150,000 payment to juvenile probation officers for another overtime-compensation suit.
The employees attempted to resolve the issue through their supervisors. When AFSCME contacted the County before filing suit, Dallas County "ignored the complaint," said Michael Shirk, attorney, AFSCME, Council 42, which handled both suits. As a result, the settlement not only compensated the employees for their overtime pay, but included "liquidated damages" as well, which doubled the amount due each worker.
"Hopefully now Dallas County knows -- deal with your employees fairly or end up in Court," Shirk said. Furthermore, said Shirk, these suits demonstrate the importance of collective bargaining as a means of resolving labor-management disputes without resorting to costly litigation and lawyers’ fees.
The overtime disagreement occurred because the employees -- Rodney Broadway, Randall I. Dent, Ricky D. Waller, Mark Yale -- were ordered to pick up equipment prior to work hours, but were not paid for that time in violation of the federal Fair Labor Standards Act (FLSA). Dallas County claimed this was part of their commute to work and that one of the employees, Mark Yale, was an exempt employee, not governed by FLSA law.
"These suits highlight the need for people to sit down at the table and work out terms and conditions of employment," he said. Texas does not engage in collective bargaining with public employees except firefighters and police officers.
